COURT UPDATES

Summary:

On December 14, 2020, the Chief Justice of North Carolina issued a new order affecting

residential evictions, foreclosures, and general litigation in North Carolina. This order canceled or stayed all hearings in North Carolina scheduled between December 14, 2020 and January 14, 2021 unless the hearing meets the criteria for one of the exceptions. Effectively, foreclosures, evictions, and related litigation are covered by this order, unless they can be held remotely. The new order also extended previous Emergency Directives that have been in place for several months. These include the allowance of remote hearings, removal of the requirement to have certain documents notarized, and the requirement to file an affidavit in an eviction hearing to reflect compliance with the CARES Act.

Important Dates:

1. Order is effective December 14, 2020.
2. Order extends to January 14, 2021.

Exceptions to Hearings Being Suspended (Emergency Directive 1)

1. Hearings that can be held remotely can move forward. Some counties are holding foreclosure hearings remotely; some counties are also holding certain motion and miscellaneous hearings remotely for general litigation. Currently, Wake County, Mecklenburg County, Wayne County, and Cabarrus County are allowing remote hearings. No county is holding eviction hearings remotely.
2. Hearings that are necessary to preserve the right to due process of law. This exception primarily applies to criminal matters.
3. Hearings that are necessary for the purpose of obtaining emergency relief. This includes

domestic violence cases, custody cases, and other temporary restraining order hearings.

4. Hearings as allowed by Senior Resident Superior Court Judge, Chief Business Court

Judge, or Chief District Court Judge, and which can be done under conditions that protect health and safety of all participants. It is possible that foreclosure, eviction, or related litigation hearings would be covered by this exception, but it will be looked at on a case by case basis. A few counties, such as Lenoir, Davidson, and Durham have scheduled in person foreclosure hearings during the effective period. We will continue to monitor whether we are able to proceed with these hearings in person and act accordingly.

To: MTG Clients

From: John P. Fetner

Date: October 29, 2020

Re: North Carolina Governor Executive Order No. 171 (October 28, 2020) – Assisting North Carolinians at Risk of Eviction                                                                           

Summary

On October 28, 2020, the Governor of North Carolina issued a new Executive Order (No. 171) (“Executive Order”) affecting residential evictions in North Carolina. This Executive Order increases the protections provided by the Center of Disease Control Order (“CDC Order”) issued previously, relating to evictions nationwide and puts in place new obligations on landlords. It is worth noting that hotels, motels, or other temporary guest home rentals (Airbnb for example) are not covered by the CDC Order. It is also worth noting this Executive Order does not eliminate the requirement to pay rent. All unpaid rent balances that exist at the expiration of the moratorium will be due. This Executive Order also does not speak to the permissibility of fees for failure to pay rent, including late fees.

Important Dates

1. Executive Order is effective October 30, 2020 at 5:00 P.M.
2. End date of moratorium is currently set for December 31, 2020 but could be extended based on COVID-19 numbers and any extension of the CDC’s Order.

Obligation to Provide CDC Declaration

The Executive Order requires the Landlord to provide a CDC Declaration Form (“Declaration Form”) to the tenant and a subsequent affidavit of such. The Executive Order does not specifically outline how the Declaration Form is to be provided, so arguably the lease would control. We recommend sending the Declaration Form via certified mail.

One Declaration Per Household

The Executive Order removes the requirement that every adult tenant listed on the lease must execute the Declaration Form. This Executive Order only requires one tenant to submit the Declaration Form to the landlord.

Result of Filing Declaration

If the landlord receives a Declaration Form from a tenant after the date of the Executive Order, they are required to submit the Declaration Form to the applicable court for filing within five (5) days.

Purposes for Which Eviction Actions and Writs of Possession May Proceed

If the landlord believes they are still authorized to proceed despite the filing of the Declaration Form, this Executive Order allows the landlord to submit a responsive writing identifying why the matter should proceed despite the protections of the CDC Order. A hearing will be held to determine whether the action should proceed. We anticipate a hearing will be combined with the already scheduled eviction hearing (to authorize the order for possession). Just like the CDC Order, evictions other than for non-payment of rent can continue. This Executive Order, just like the CDC Order, does not expressly identify the treatment of holdover and expired leases. As such, our firm’s position remains that holdover tenants and expired leases are not afforded such protection. We do caution proceeding with evictions when a lease is not renewed due to failure to pay rent and a completed Declaration Form is received.

The Executive Order further prohibits a landlord who receives a completed Declaration Form from submitting a writ of possession. The landlord is still authorized to submit the responsive writing identifying why they should be able to proceed. The Executive Order does not address what happens if an Order for Possession has been granted before a tenant provides a completed Declaration Form to the landlord. It is possible there could be an ex parte decision, but we anticipate a new hearing would have to be scheduled.

Enforcement

A violation of the Executive Order may be subject to criminal punishment of a Class 2 Misdemeanor.

Recommendations

1. The CDC Declaration Form can be included with a Rent Demand letter, CARES Act notice, or CDC notice. Please make sure that any such letter or notice includes a reference to the inclusion of the CDC Declaration Form or if it is sent as a separate document, please include a cover letter which identifies what the Declaration Form is.
2. If you receive a completed Declaration Form, notify your attorney immediately so they can counsel you on the next course of action and ensure the form is properly filed with the Court (if an action is pending).
3. Make sure every case is documented and evidence is preserved in those cases where a landlord does not believe a tenant meets the criteria for protections under CDC Order, even on non- payment of rent breaches. As a reminder, the criteria for being protected under the CDC Order are summarized as follows:
   1. Tenant has used best efforts to obtain government assistance for housing
   2. Tenant is unable to pay their rent due to a substantial loss in income
   3. Tenant is making their best efforts to make timely partial payments of rent
   4. Tenant would be homeless or have to move into a shared living space if evicted
   5. Tenant earns $99,000.00 or less (joint filers $198,000.00) or received a stimulus check or was not required to report income in 2019.

H. R. 748—212
is 30 days after the date on which the borrower provides the tenant with a notice to
vacate; and
(2) may not issue a notice to vacate under paragraph (1) until after the expiration of the
forbearance.
(f) DEFINITIONS.—In this section:
(1) APPLICABLE PROPERTY.—The term ‘‘applicable property’’, with respect to a Federally backed
multifamily mortgage loan, means the residential multifamily property against which the mortgage
loan is secured by a lien.
(2) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.— The term ‘‘Federally backed multifamily
mortgage loan’’ includes any loan (other than temporary financing such as a construction
loan) that—
(A) is secured by a first or subordinate lien on residen- tial multifamily real property designed
principally for the occupancy of 5 or more families, including any such secured loan, the proceeds
of which are used to prepay or pay off an existing loan secured by the same property;
and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by
any officer or agency of the Federal Government or under or in connection with a housing or urban
development program adminis- tered by the Secretary of Housing and Urban Development or a housing
or related program administered by any other such officer or agency, or is purchased or securitized
by the Federal Home Loan Mortgage Corporation or the Fed- eral National Mortgage Association.
(3) MULTIFAMILY BORROWER.—the term ‘‘multifamily bor- rower’’ means a borrower of a residential
mortgage loan that is secured by a lien against a property comprising 5 or more dwelling units.
(4) COVID–19 EMERGENCY.—The term ‘‘COVID–19 emer- gency’’ means the national emergency concerning
the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under
the National Emergencies Act (50 U.S.C. 1601 et seq.).
(5) COVERED PERIOD.—The term ‘‘covered period’’ means the period beginning on the date of
enactment of this Act and ending on the sooner of—
(A) the termination date of the national emergency concerning the novel coronavirus disease
(COVID–19) out- break declared by the President on March 13, 2020 under the National Emergencies
Act (50 U.S.C. 1601 et seq.); or

(B) December 31, 2020.
SEC. 4024. TEMPORARY MORATORIUM ON EVICTION FILINGS.
(a) DEFINITIONS.—In this section:
(1) COVERED DWELLING.—The term ‘‘covered dwelling’’ means a dwelling that—
(A) is occupied by a tenant—
(i) pursuant to a residential lease; or
(ii) without a lease or with a lease terminable under State law; and
(B) is on or in a covered property.
PROPERTY.—The term ‘‘covered property’’
eans any property that—

H. R. 748—213
(A) participates in—
(i) a covered housing program (as defined in section 41411(a) of the Violence Against Women Act of
1994 (34 U.S.C. 12491(a))); or
(ii) the rural housing voucher program under sec- tion 542 of the Housing Act of 1949 (42 U.S.C.
1490r); or
(B) has a—
(i) Federally backed mortgage loan; or
(ii) Federally backed multifamily mortgage loan.
(3) DWELLING.—The term ‘‘dwelling’’—
(A) has the meaning given the term in section 802 of the Fair Housing Act (42 U.S.C. 3602);
and
(B) includes houses and dwellings described in section 803(b) of such Act (42 U.S.C. 3603(b)).
(4) FEDERALLY BACKED MORTGAGE LOAN.—The term ‘‘Feder- ally backed mortgage loan’’ includes any loan
(other than tem- porary financing such as a construction loan) that—
(A) is secured by a first or subordinate lien on residen- tial real property (including individual
units of condomin- iums and cooperatives) designed principally for the occu- pancy of from 1 to 4
families, including any such secured loan, the proceeds of which are used to prepay or pay
off an existing loan secured by the same property; and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by
any officer or agency of the Federal Government or under or in connection with a housing or urban
development program adminis- tered by the Secretary of Housing and Urban Development or a housing
or related program administered by any other such officer or agency, or is purchased or securitized
by the Federal Home Loan Mortgage Corporation or the Fed- eral National Mortgage Association.
(5) FEDERALLY BACKED MULTIFAMILY MORTGAGE LOAN.— The term ‘‘Federally backed multifamily
mortgage loan’’ includes any loan (other than temporary financing such as a construction
loan) that—
(A) is secured by a first or subordinate lien on residen- tial multifamily real property designed
principally for the occupancy of 5 or more families, including any such secured loan, the proceeds
of which are used to prepay or pay off an existing loan secured by the same property;
and
(B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by
any officer or agency of the Federal Government or under or in connection with a housing or urban
development program adminis- tered by the Secretary of Housing and Urban Development or a housing
or related program administered by any other such officer or agency, or is purchased or securitized
by the Federal Home Loan Mortgage Corporation or the Fed- eral National Mortgage Association.
(b) MORATORIUM.—During the 120-day period beginning on the date of enactment of this Act, the
lessor of a covered dwelling may not—
(1) make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action
to recover possession

H. R. 748—214
of the covered dwelling from the tenant for nonpayment of rent or other fees or charges;
or
(2) charge fees, penalties, or other charges to the tenant related to such nonpayment of rent.
(c) NOTICE.—The lessor of a covered dwelling unit—
(1) may not require the tenant to vacate the covered dwelling unit before the date that is 30 days
after the date on which the lessor provides the tenant with a notice to vacate; and

(2) may not issue a notice to vacate under paragraph (1) until after the expiration of the period
described in subsection (b).
SEC. 4025. PROTECTION OF COLLECTIVE BARGAINING AGREEMENT.
(a) IN GENERAL.—Neither the Secretary, nor any other actor, department, or agency of the Federal
Government, shall condition the issuance of a loan or loan guarantee under paragraph (1), (2),
or (3) of section 4003(b) of this subtitle on an air carrier’s or eligible business’s
implementation of measures to enter into negotiations with the certified bargaining representative
of a craft or class of employees of the air carrier or eligible business under the Railway Labor
Act (45 U.S.C. 151 et seq.) or the National Labor Relations Act (29 U.S.C. 151 et seq.),
regarding pay or other terms and conditions of employment.
(b) PERIOD OF EFFECT.—With respect to an air carrier or eligible business to which the loan or loan
guarantee is provided under this subtitle, this section shall be in effect with respect to
the air carrier or eligible business beginning on the date on which the air carrier or
eligible business is first issued such loan or loan guarantee and ending on the date that is 1
year after the loan or loan guarantee is no longer outstanding.
SEC. 4026. REPORTS.
(a) DISCLOSURE OF TRANSACTIONS.—Not later than 72 hours after any transaction by the Secretary
under paragraph (1), (2), or (3) of section 4003(b), the Secretary shall publish on the website of
the Department of the Treasury—
(1) a plain-language description of the transaction, including the date of application, date of
application approval, and identity of the counterparty;
(2) the amount of the loan or loan guarantee;
(3) the interest rate, conditions, and any other material or financial terms associated with
the transaction, if applicable; and

(4) a copy of the relevant and final term sheet, if applicable, and contract or other relevant
documentation regarding the transaction.
(b) REPORTS.—
(1) TO CONGRESS.—
(A) IN GENERAL.—In addition to such reports as are required under section 5302(c) of title 31,
United States Code, not later than 7 days after the Secretary makes any loan or loan guarantee
under paragraph (1), (2), or
(3) of section 4003(b), the Secretary shall submit to the Chairmen and Ranking Members of the
Committee on Banking, Housing, and Urban Affairs and the Committee
Chairmen and Ranking
embers of the Committee on Financial Services and the

ORDER OF THE CHIEF JUSTICE
OF THE SUPREME COURT OF NORTH CAROLINA

Since 13 March 2020, in response to the COVID-19 global pandemic, I have issued a series of
emergency directives necessary to ensure the continuation of critical court system functions while
protecting the health and safety of all who work in or visit North Carolina’s county courthouses.
Today, Governor Roy Cooper issued Executive Order 142 prohibiting landlords from taking any action
in furtherance of a summary ejectment or eviction of a residential or commercial tenant for reason
of non-payment.
There are now more than 9,000 pending evictions in our state court system. Hearing these matters
would require landlords to act in furtherance of an eviction in violation of Governor Cooper’s
order.
Additionally, the Coronavirus Aid Relief and Economic Security Act (the “CARES Act” or the “Act”)
was passed by the United States Congress and signed into law on 27 March 2020. The Act included a
moratorium on residential evictions for covered properties as defined by the Act for a period of
120 days from the effective date of the Act. The CARES Act did not provide a procedure for local
courts to determine whether a property is covered under the Act and promulgation of additional
rules of procedure governing such determination appears to be left to the states.
Therefore, additional emergency directives are now necessary to ensure the continuing operation of
essential court functions.
Accordingly, I hereby determine and declare under N.C.G.S. § 7A-39(b)(2) that catastrophic
conditions resulting from the COVID-19 outbreak have existed and continue to exist in all counties
of this state.

EMERGENCY DIRECTIVE 17

All evictions pending in the trial divisions, whether summary ejectment or otherwise, are hereby
stayed until 21 June 2020. Sheriffs shall not be required to execute pending writs of possession of
real property or make due return of such writs until 30 June 2020.

EMERGENCY DIRECTIVE 18

In all summary ejectment proceedings filed pursuant to Article 3, Chapter 42 of the North Carolina
General Statutes on or after 27 March 2020, no writ of possession for real property shall issue
unless a finding is made that the property which is the subject of the co plaint is not a covered
property as defined by Section
which is the subject of the co
4024(a)(1) of the CARES Act.

The Administrative Office of the Courts is directed to promulgate a form affidavit to be completed
by plaintiffs in any such actions. For any summary ejectment or residential eviction action
instituted on or after 27 March 2020 and before 1 June 2020, such affidavit shall be completed and
submitted before final judgment by a magistrate is entered. For any summary ejectment action
instituted on or after 1 June 2020, such affidavit shall accompany the filing of the complaint such
that a copy of the affidavit will accompany the summons and complaint when served on the defendant.

EMERGENCY DIRECTIVE 19

There is hereby established a voluntary mediation program for summary ejectment actions. The
Dispute Resolution Commission is directed to submit proposed rules governing such program to the
Supreme Court for adoption no later than 7 June 2020.

Additional emergency orders or directives under N.C.G.S. § 7A-39(b) may be entered as necessary to
support the continuing operation of essential court functions.
Issued this the 30th day of May, 2020.

https://mtglaw.com/wp-content/uploads/2020/06/CARES-Act-Affidavit.pdf

May 30, 2020
EXECUTIVE ORDER NO. 142

ASSISTING NORTH CAROLINIANS BY PLACING TEMPORARY PROHIBITIONS ON EVICTIONS AND EXTENDING THE
PROHIBITION ON UTILITY SHUT-OFFS

WHEREAS , on March 10, 2020, the undersigned issued Executive Order No. 116 which declared a State
of Emergency to coordinate the State’s response and protecti ve actions to address the Coronavirus
Disease 20 19 (“COVID-19″) public health emergency and provide for the health, safety, and welfare
ofresidents and visitors located in North Carolina; and

WHEREAS , on March 1 1 , 2020, the World Heal th Organization declared COVJD- 19 a global
pandemic; and

WHEREAS, on March 13, 2020, the President of the United States issued an emergency declaration for
all states, tribes, territories, and the District of Columbia, retroactive to March 1, 2020, and
the President declared that the COVID- 19 pandem ic in the U nited States consti tutes a national
emergency; and

WHEREAS, on March 25, 2020, the President approved a Major Disaster Declaration, FEMA-4487-DR, for
the State of North Carol ina; and

WHEREAS , in responding to the COVID-19 pandemic, and for the purpose of protecti ng the health,
safety, and welfare of the people of No1th Carolina, the undersigned has issued Executive Order
Nos. 116-122, 124-125, 129- 131, 133-136, and 138-141; and

WHEREAS, more than twenty-seven thousand people in North Carolina have had laborato1y-confirmed
cases of COVTD- 19, and hund reds of people in North Carolina have died from the disease; and

WHEREAS, hospital administrators and health care providers have expressed concerns that unless the
spread of COVID-19 is limi ted, existing health care facilities may be insufficient to care for
those who become sick; and

WHEREAS, slowing and controll ing communi ty spread of COVID-19 i s critical to ensuring that the
state’s healthcare facilities remai n able to accommodate those who require med ical
assistance; and

WHEREAS, to mitigate further communi ty spread of COVID- 19 and to reduce the burden on the state’s
health care providers and faci l ities, it is necessary to limit person-to-person contact
in workplaces and comm unities; and

WHEREAS, such limitations on person-to-person contact are reasonably necessary to address the
public health risk posed by COVID-19; and

WHEREAS, due to the State of Emergency, many North Carolinians are working from home and staying at
home; many businesses have seen a substantial decline in demand for the goods or services that
they sell, causing some businesses to close or reduce the size of their workforce; and some
businesses have been ordered closed to slow the spread of COVID-19; and

WHEREAS, any disruptions or dislocations that would require people to leave their homes increase
the risk of spread of COVID-19: and

WHEREAS, the economic effects of the pandemic have broadly affected business owners, tenants, and
employees across the state; and

WHEREAS, because of these and other economic effects from the COVID-19 pandemic, many North
Carolinians are enduring financial hardshi p and financial insecurity; and

WHEREAS, on April 13, 2020 and May 1, 2020. Chief Justice Cheri Beasley of the North Carolina
Supreme Court issued orders postponing court hearings, including eviction proceedings, until June
1, 2020; and

WHEREAS, in Executive Order No. 124, the undersigned and Attorney General Josh Stein provided
further guidance on the Chief Justice’s emergency order, as it relates to evictions, and strongly
encouraged mortgage companies to take actions to alleviate the adverse impact caused by COVID-1 9
on mortgage borrowers who are unable to make timely payments; and

WHEREAS, when the Chief Justice’s emergency orders allow court hearings to resume on June 1, 2020,
residential tenants in North Carolina wi ll be at risk of eviction; and

WHEREAS, residential evictions remove people from their homes, where they are safest during the
COVID-19 pandemic, and thereby increase the risk that such people will contract and spread
COVID-19; and

WHEREAS, many residential evictions leave people homeless, where they are at extreme risk of
contracting and spreading COVID-19; and

WHEREAS, because many people are now performing their jobs and receiving schooling from their
homes, residential evictions during the COVID-19 pandemic also threaten people’s ability to
maintain their livelihood and receive education; and

WHEREAS, for these and other reasons, it is reasonable and necessary that there be an additional
twenty-one (21) day moratori um on residential evictions for reason of late payment or nonpayment,
beginning on the date of this Executive Order; and

WHEREAS, commercial evictions disrupt and usually terminate the jobs of all the people in the
commercial establishments where the eviction takes place; and

WHEREAS, North Carolina’s unemployment rate has greatly increased during the COVID-19 pandemic, and
it is reasonable and necessary to take actions that protect North Carolina jobs; and

WHEREAS, commercial evictions require significant amounts of unexpected travel, as commercial
tenants move the equipment in the facilities they have leased, and this travel will unnecessarily
expose people to risk of transmitting and spreading COVID-19; and

WHEREAS, the federal Paycheck Protection Program and other programs under the CARES Act, P.L. 1
16-136, have provided financial assistance to small businesses, but these programs provide only a
limited amount of assistance, and some commercial tenants are likely to exhaust the financial
assistance provided under this program; and

WHEREAS, Section 4024 of the CARES Act, P.L. 116-136, protects from eviction, through late August,
tenants in properties with federally backed mortgage loans (including loans owned or securitized by
Fannie Mae, Freddie Mac. or insured by HUD, the VA, or the USDA) and tenants in properties
participating in various federal affordable housing programs, but some dwellings and some tenants
are not covered by the protections in the CARES Act; and

WHEREAS, as a result, it is likely that, absent intervention, there will be a wave of commercial
evictions in North Carolina; and

WHEREAS, for these and other reasons, it is reasonable and necessary that there be a twenty-one (21
) day moratori um on commercial evictions for reason of late payment or nonpayment caused by the
COVID-19 pandemic, beginning on the date of this Executive Order No. 142; and

WHEREAS, the moratori ums on evictions in this Executive Order do not forgive rent or excuse the
obligation to pay rent, and instead, this Executive Order merely delays evictions and waives
interest, late fees, and penalties that arise during the Order’s effective period; and

WHEREAS, the economic effects of the pandemic have broadly affected utility customers across the
state; and

WHEREAS, utility services are essential to the continued health and safety of residential utility
customers, to the ability of workers and employers to engage in teleworking, and to the continued
economic viability of business utility customers, even as the economic effects of the pandemic
threaten customers’ ability to pay for those util ity services; and

WHEREAS, on March 19, 2020, the North Carolina Utilities Commission (‘”Utilities Commission” or
””Commission”) issued an Order Suspending Utility Disconnections for Non­ Payment, Allowing
Reconnection, and Waiving Certain Fees; and

WHEREAS, the Utilities Commission’s March 19, 2020 Order applied to only some of the utilities that
are necessary for the continued well-bei ng of North Carolina residents and the continued viability
of North Carolina businesses; and

WHEREAS, in Executive Order No. 124, the undersigned enacted, for all utilities, prohibitions and
restrictions similar to and consistent with the Utilities Commission’s March 19, 2020 Order; and

WHEREAS, the undersigned has determined that it is reasonable and necessary to extend the utility
customer protections in Executive Order No. 124 for an additional sixty (60) days from the date of
this Executive Order; and

WHEREAS, Executive Order No. 116 invoked the Emergency Management Act, and authorizes the
undersigned to exercise the powers and duties set forth therein to direct and aid in the response
to, recovery from, and mitigation against emergencies; and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.10(b)(2), the undersigned may make, amend, or
rescind necessary orders, rules, and regulations within the limits of the authority conferred upon
the Governor in the Emergency Management Act; and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A- l 9.1O(b)(7), the undersigned is authorized and
empowered to utilize the services, equipment, supplies, and facilities of political subdivisions,
and their officers and personnel are required to cooperate with and extend such services and facil
ities to the undersigned upon request and

WHEREAS, pursuant to N.C. Gen. Stat. § l 66A- l 9.30(a)(l ), the undersigned may utilize all
available state resources as reasonably necessary to cope with an emergency, including the transfer
and direction of personnel or functions of State agencies or units thereof for the purpose of
performing or facilitating emergency services; and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(a)(2), during a Gubernatorially declared State of
Emergency, the undersigned has the power to “‘give such directions to state and local law
enforcement officers and agencies as may be reasonable and necessary for the purpose of securing
compliance with the provisions of this Article..; and

WHEREAS, pursuant to N.C. Gen. Stat. § l 66A- l 9.30(a)(3), the undersigned may take steps to
assure that measures, including the installation of public utilities, are taken when necessary to
qualify for temporary housing assistance from the federal government when that assistance is
required to protect the public health, welfare, and safety: and

WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.30(b)(2), the undersigned, with the concurrence of
the Council of State, may establish a system of economic controls over all resources, materials,
and services, including shelter and rents; and

WHEREAS, pursuant to N.C. Gen. Stat. § I 66A- l 9.3O(b)(3), the undersigned, with the concurrence
of the Council of State, may regulate and control the maintenance, extension, and operation of
public utility services and facilities; and

WHEREAS, pursuant to N.C. Gen. Stat. § l 66A- l 9.30(b)(4), the undersigned, with the concurrence
of the Council of State, may waive a provision of any regulation or ordinance of a State agency or
political subdivision which restricts the immediate relief of human suffering; and

WHEREAS, pursuant to N.C. Gen. Stat. § l 66A- l 9.30(b)(5), the undersigned, with the concurrence
of the Council of State, may perform and exercise such other functions, powers, and duties as are
necessary to promote and secure the safety and protection of the civilian population; and

WHEREAS, N.C. Gen. Stat. § 166A-19.I O(b)(3) further authorizes and empowers the undersigned to
delegate Gubernatorial vested authority under the Emergency Management Act and to provide for the
sub-delegation of that authority; and

WHEREAS, under the terms of N.C. Gen. Stat. § l 66A- l 9.70(a), utilities are considered critical
infrastructure for the State of North Carolina; and

WHEREAS, the undersigned has sought and obtained concurrence from the Council of State consistent
with the Governor’s emergency powers authority in N.C. Gen. Stat. § 166A-19.30.

NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the
State of North Carolina, IT IS ORDERED:

Section 1. Evictions Moratorium.

For the reasons and pursuant to the authority set forth above, the undersigned orders as follows:

A. Definitions. In this Executive Order:

I . ··Residential Lease’·means a lease of a dwelling unit in the State of North Carolina to which
the North Carolina Residential Rental Agreements Act, N.C. Gen. Stat. §§ 42- 38 to 42-46, applies.

2. “Residential Tenant” means the tenant in a Residential Lease.

3. “”Residential Landlord'” means the owner o[ and any rental management company, rental agency, or
any other person having the actual or apparent authority of an agent over, any unit in a
Residential Lease.

4. ··commercial Lease” means a lease of any real property that is leased to an individual,
business, or organization that does commerce in the State of North Carolina; provided, however,
that “”Commercial Lease” does not include: Residential Leases (as that term is defined in this
Executive Order); operations of hotels, motels, or similar lodging

subject to regulation by the Commission for Public Health; and vacation rentals entered into under
Chapter 42A of the General Statutes.

5. ··commercial TenanC means the tenant in a Commercial Lease.

6. ··commercial Landlord” means the owner of: and any rental management company, rental agency, or
any other person having the actual or apparent authority of an agent over, the real property in a
Commercial Lease.

7. An action is “”for reason oflate payment or nonpaymenC if the legal basis for that action was,
in whole or in part, the tenanf s late payment or nonpayment of rent.

8. An effect is “”caused by the COVID-19 pandemic” if it is caused, in whole or in part, directly
or indirectly, by the COVID-19 pandemic. This includes, without limitation, not only the medical
effects of the COVID-1 9 pandemic, but also the disruptions to the economy that have arisen since
the beginning of the COVID-19 pandemic and the economic effects of business closures and other
public health restrictions instituted because of the COVID-19 pandemic.

9. The “”Effective Period” of this Section is defined in Subsection (B)( 1) below.

B. Residential Evictions.

1. No Evictions for Late Payment or Nonpayment.

a. Residential Landlords shall not, for reason of late payment or nonpayment, initiate or take any
action to further summary ejectment or other eviction proceedings against a Residential Tenant.

b. All Residential Landlords are prohibited from requiring Residential Tenants to vacate their dwelling units for reason of late payment or nonpayment.

c. All leases are modified to disallow evicting, or otherwise terminating the possession ot
Residential Tenants for reason of late payment or nonpayment during the Effective Period of this
Section.

These restrictions and modifications shall continue for twenty-one (21) days after the date of
entry of this Executive Order. This time period (the “”Effective Period”) may be extended by a
subsequent Executive Order issued by the undersigned with the concurrence of the Council of State.

For example, if this Executive Order is issued on May 30, the Effective Period of this Section will
be May 30 through June 20, inclusive, unless there is an Executive Order extending this Section.

2. Late fees and penalties. Residential Landlords shall not assess upon their Residential Tenants
interest, late fees. or other penalties for late payment or nonpayment of rent due during the
Effective Period. If a Residential Tenant had existing interest, fees, or other penalties when this
Executive Order came into effect, all accumulation of additional interest, fees, or other penalties
is paused during the Effective Period.

3. Extra time to pay off rent due in the Effective Period. Residential Tenants
shall be provided the opportunity to make reasonable payment arrangements to pay off, over at least
a six (6) month period. any rent that became due in the Effective Period and was not paid during
the Effective Period. No interest, late fees or other penalties shall be charged on these
arrearages. The six-month payoff period shall be calculated from the expiration of the Effective
Period.

C. Com mercial Evictions.

1. During the Effective Period of this Section. as defined in Subsection (B)(l ) above:

a. Restriction on Commercial Evictions. Commercial Landlords shall not, for reason of late payment
or nonpayment caused by the COVID-1 9 pandemic, perform a self-help eviction of a Commercial
Tenant, require Commercial Tenants to vacate their facilities, terminate any Commercial Tenant’s
lease, or take any action, judicial or otherwise, to terminate a Commercial Tenant’s possession.

b. This restriction on commercial evictions shall apply only if one or both of the following
conditions are met:

i. The landlord is aware that the Commercial Tenant’s late payment or nonpayment is caused by the
COVID-19 pandemic; or

11. The Commercial Tenant provides the landlord with documentation or other evidence that the late
payment or nonpayment is caused by the COVID-1 9 pandemic.

2. Duty to Inq uire. During the Effective Period of this Section, before performing a
self-help eviction of a Commercial Tenant, terminating any Commercial Tenant’s lease, or
taking any action to terminate a Commercial Tenant’s possession for reason of late payment or
nonpayment, Commercial Landlords shall inquire whether the late payment or nonpayment is caused
by the COVID-19 pandemic and give the Commercial Tenant seventy-two (72) hours to respond.
If the landlord does not comply with the provisions of this Subsection (C)(2), the landlord’s
action is voidable by the tenant.

3. Late Fees and Penalties. Commercial Landlords shall not assess upon
their Commercial Tenants interest, late fees, or other penalties for late payment
or nonpayment of rent due during the Effective Period. If a Commercial Tenant had existing
interest, fees, or other penalties when this Executive Order came into effect, all accumulation of
additional interest, fees, or other penalties is paused during the Effective Period.

4. Extra Time to Pay Off Rent Due in the Effective Period. Commercial Tenants shall be provided the
opportunity to make reasonable payment arrangements to pay off, over at least a six (6) month
period, any rent that became due in the Effective Period and was not paid during the Effective
Period. No interest, late fees or other penalties shall be charged on these arrearages. The
six-month payoff period shall be calculated from the expiration of the Effective Period.

D. Rent Remains Due. Except for the interest, late fees and penalties expressly waived above,
nothing in this Executive Order shall be construed as waiving tenants’ obligation to pay rent or
perform any other obligations which an individual may have under a tenancy.

E. Evictions for Other Reasons. Nothing in this Executive Order affects evictions for reasons other
than late payment or nonpayment. However, all landlords are strongly encouraged to work with
tenants to the best of their abilities to avoid evictions in light of the COVID-19 State of
Emergency.

F. Payment Assistance. NCDHHS shall publicize payment assistance programs to aid landlords and
tenants in the payment of their bills.

G. Foreclosure Proceedings. The undersigned strongly encourages all lenders to work with property
owners to the best of their abilities to provide loan payment flexibility that enables property
owners to avoid foreclosures, in light of the COVID-19 State of Emergency.

H. Tenants Should Notify Landlords and Pay Rent if Possible. During the Effective Period, rent is
still due and will accrue. Therefore, the undersigned strongly encourages any Residential Tenant or
Commercial Tenant who is or will be unable to pay the full rent due under a rental agreement or
lease to notify the landlord as soon as reasonably possible and to make rental payments to the
extent the tenant is financially able to do so. Failure of a Residential Tenant or Commercial
Tenant to act as encouraged by this Subsection does not exclude the tenant from the protections of
this Executive Order.

Section 2. Extension of Assistance for North Carolina Utility Customers.

For the reasons and pursuant to the authority set forth above and in Executive Order No. 124, the
undersigned orders as follows:

A. Section 1 of Executive Order No. 124 shall remai n in effect until 11:59 pm on July 29, 2020.

B. Utility Service Providers shall reasonably inform their customers of this extension.
Section 1(F) of Executive Order No. 124 shall apply to that notification.

C. Section 1(C) of Executive Order No. 124 is amended as follows:

”Late fees and payment arrangements. A Utility Service Provider shall not bill or collect any fee,
charge, penalty, or interest for a late or otherwise untimely payment that becomes due from the
date of this Executive Order. Customers shall be provided the opportunity to make reasonable
payment arrangements to pay off over at least a six (6) month period any arrearages accumulated
during the effective period of this Executive Order, of Section 2 of this Executive Order, and of
any other order extending this Executive Order and 180 days thereafter. In the event a utility
service provider and customer are unable to agree on the duration of an extended repayment
plan, the default repayment period shall be six (6) months. The six (6) month payoff
period shall be calculated from the date of termination of this Section of this Executive Order or,
if other applicable Executive Orders extend the protections of this Section, from the date of the
termination of the last Executive Order that extends such protections; provided, however, that
Utility Service Providers subject to the Utilities Commission’s March 19, 2020 Order shall remain
subject to the terms of that effier any Utilities Commission order that may be in effect after
this Executive Order expires. No interest or late fee shall be charged on arrearages. No
provision in this Executive Order shall be construed as relieving a customer of their obligation to
pay bills for receipt of any service covered by this Executive Order.”

D. Section 1(G) of Executive Order No. 124 is amended and restated as follows:

“‘Duration. This Section shall remain in effect for one hundred ( 120) days, until 11:59 pm on July
29, 2020, unless rescinded or superseded by another applicable Executive Order; provided, however,
that after that date, the provisions of this Section shall continue to apply to arrearages that
accumulated while this Executive Order was in effect.”

E. Section 1(J) of Executive Order No. 124 is amended as follows:

‘”Implementation and enforcement. The undersigned directs that the North Carolina
Utilities Commission monitor responses and provide assistance and guidance to Utility
Service Providers, including to the extent possible Utility Service Providers not under the
Commission’s regulatory jurisdiction, in implementing the provisions of this Section of this
Executive Order. Utility Service Providers shall report implementation information 1..veekly
monthly to the North Carolina Utilities Commission, including the following: (1) number of accounts
by type (e.g., residential or business account) for which service termination was forborne, (2)
number of reconnections by type of account, (3) amount of late fees and other penalties not
collected, (4) number of accounts on an extended repayment plan, (5) customer notification
information, and any other information determined by the Utilities Commission. The Utilities
Commission and the Attorney General shall have the authority to enforce the provisions of this
Executive Order through any methods provided by current law. The Utilities Commission, and to
the extent necessary for any Utility Service

Providers not within the Utilities Commission’s jurisdiction, the Attorney General may waive
provisions in their discretion and order an effective alternative. The Commission shall provide a
·.veekly monthly report to the Governor’s Office on implementation of this Executive Order.”

Section 3. No Private Right of Action Against the State or Against Officers.

This Executive Order is not intended to create, and does not create, any individual right,
privilege, or benefit, whether substantive or procedural, enforceable at law or in equity by any
party against the State of North Carolina, its agencies, departments, political subdivisions, or
other entities, or any officers, employees, or agents thereo[ or any emergency management worker
(as defined in N.C. Gen. Stat. § l 66A- l 9.60).

Section 4. Supremacy Clause.

This Executive Order is not intended to supplant or preempt any federal law, including, but not
limited to the protections afforded to tenants under the CARES Act, P.L. 116-136.

Section 5. Savings Clause.

If any provision of this Executive Order or its application to any person or circumstances is held
invalid by any court of competent jurisdiction, this invalidity does not affect any other provision
or application of this Executive Order, which can be given effect without the invalid provision or
application. To achieve this purpose, the provisions of this Executive Order are declared to be
severable.

Section 6. Distribution.

I hereby order that this Executive Order be: ( 1) distributed to the news media and other
organizations calculated to bring its contents to the attention of the general public; (2) promptly
filed with the Secretary of the North Carolina Department of Public Safety, the Secretary of State,
and the superior court clerks in the counties to which it applies, unless the circumstances of the
State of Emergency would prevent or impede such filing; and (3) distributed to others as necessary
to ensure proper implementation of this Executive Order.

Section 7. Enforcement.

A. Pursuant to N.C. Gen. Stat. § 166A-l 9.30(a)(2), the provisions of this Executive Order shall
be enforced by state and local law enforcement officers.

B. A violation of this Executive Order may be subject to prosecution pursuant to N.C. Gen. Stat.
§ l 66A- l 9.30(d), and is punishable as a Class 2 misdemeanor in accordance with N.C. Gen. Stat.
§ I 4-288.20A.

C. This Executive Order limits only evictions for reason of late payment or nonpayment. This
Executive Order does not affect or restrict access to court orders that limit, for other reasons, a
person’s access to a location.

Section 8. Effective Date.

This Executive Order is effective as of the beginning of the calendar day on which it is entered.

Section I of this Executive Order shall remain in effect for the time period stated in Subsection l
(B)(l ), except that Subsections l (B)(3) and l (C)(4) shall remain in effect for six (6) months beyond the time period stated in Subsection 1(8)(1 ).

Section 2 of this Executive Order shall remain in effect until the date listed in Subsection 2(A)
of this Executive Order, except that Subsection, I (C) of Executive Order No. 124, as amended by
Section 2(C) of this Executive Order, shall remain in effect for six (6) months beyond the date
listed in Subsection 2(A) of this Executive Order.

An Executive Order rescinding the Declaration of the State of Emergency will
automatically rescind this Executive Order.

IN WITNESS WHEREOF, l have hereunto signed my name and affixed the Great Seal
of the State of North Carolina at the Capitol in the City of Raleigh gh, this 30111 day of May in the year
of our Lord two thousand and twenty

MEMORANDUM

TO: Senior Resident Superior Court Judges Chief District Court Judges

Clerks of Superior Court District Attorneys

Public Defenders

FROM: Chief Justice Cheri Beasley

NCAOC Director McKinley Wooten, Jr.

DATE: March 15, 2020

SUBJECT: Coronavirus Update for our Courts

Note: Some links below go to Juno, which is not publicly accessible. You must be on the NCAOC network to access Juno.

For the last few weeks, I along with the Governor and all state elected officials have been closely monitoring the COVID-19 pandemic as it has reached North Carolina. The recent national response has been historic, as many of our most meaningful and noteworthy events have been cancelled including government meetings, sports tournaments, religious services, and entertainment and business events, and as our university campuses have closed. This pandemic is serious.

Yesterday, the Governor issued an executive order prohibiting gatherings of more than 100 people and directing the closure of all K-12 public schools for a minimum of two weeks. Violations of the order are punishable as a Class 2 misdemeanor. In response to the Governor’s order and the rapidly evolving public health situation, I am writing to you as local Judicial Branch leaders to reiterate some measures in my March 16, 2020 order and to clarify others.

Director Wooten and I appreciate meeting by WebEx with many of you on Thursday. Your input has been and continues to be invaluable. Not only are you the ones with a wealth of experience in your areas of service and leadership but we are all in a place, the gravity of which neither North Carolina nor the world has experienced. The status of this pandemic and its impact on our courts will evolve week to week or day to day. It will take all of us to successfully respond to the coronavirus pandemic, making sure our court leaders, personnel, and the public are at the least amount of risk to exposure to the coronavirus. Safety for all is paramount.

While, at this time, our courthouses must remain open to accept filings and address emergency / safety situations, the spirit of my order is to drastically

reduce the foot traffic in all of our courthouses across the state. The public’s

minimal presence in our courts will help reduce community transmission of COVID-19 among citizens and will further protect our Judicial Branch employees who still must interact with members of the public about matters that fall within the exceptions to my order. Put simply, it cannot be business as usual for our court system. Non-essential court functions that cannot be accomplished through the use of remote technology must be postponed.

NCAOC is working to compile responses to a number of frequently asked questions it is receiving, but I wanted to cover some of them here. For at least the next 30 days:

1. In-person meetings must be postponed or cancelled to the fullest extent possible.
2. When cases or hearings cannot be postponed for the next 30 days, remote technologies should be utilized as authorized by law and to the fullest extent possible.
3. Matters before the Clerks of Superior Court:

Subject to health precautions, involuntary commitment hearings, guardianship hearings, and pressing estate administration matters should be conducted.

Other matters before the clerk, such as foreclosures and other special proceedings, must be postponed.

4. Matters before Magistrates:

Magistrates must conduct initial appearances and, subject to health precautions, should continue to perform weddings.

Small claims proceedings, including summary ejectments and money owed, must be postponed.

5. District and Superior Court:

All civil and criminal district and superior court matters that are not subject to the exceptions in my order, including traffic court, must be postponed.

To assist you in your local communication efforts, I am attaching to this email a Word version of the plan that Wake County officials have established to implement my directives. I recognize that there will be more than one way to meet those directives and that there will be some local variations in light of county needs and conditions on the ground. However, the Wake County plan is measured and thorough, and I encourage other districts to use it as a model, particularly with respect to the level of specificity that it contains.

I will work as quickly as possible to make any necessary conforming amendments to my March 16th order. At this time, I have not yet entered an order extending statutes of limitations or filing deadlines, but I am considering the most appropriate actions to take in that regard. As with past adverse weather events, any order I enter will likely have a retroactive effective date.

As you implement changes to close court sessions as described in my order and this email, please remember to take care of the following two actions:

1. Report closings to the Help Desk as you would any other court session closing, such as during an adverse weather event. The Help Desk is available around the clock for you at 919-890-2407. As a reminder, by order of the Supreme Court, all Senior Resident Superior Court Judges and Chief District Court Judges, or their designees, are to report any cancellation or delay of, or early and unscheduled end to, their respective court sessions to the NCAOC. We highly recommend that one person be designated to report all superior court and district court closings. You may want to consider your COOP leader for this role.
2. Over the next 30 days, as you enter local administrative orders or other plans for court operations, or if you disseminate news releases to your local media or on social media, please email them to the Communications Office at webrequests@nccourts.org so that they may be shared on your county pages on the Judicial Branch’s public website.

We are also aware that there are numerous questions about employee status, leave time, and a host of issues around employees performing these duties. Rest assured that we are working to address these matters and will have updates for you this week.

Our work to stop the spread of the coronavirus will be continuous. As in all matters, Director Wooten, the NCAOC staff and I are here for you and please always feel free to contact us. We well recognize that these measures will cause more demands on your time and limited resources. We are prepared to request additional funding as we assess our court-wide needs in response to the pandemic.

Thank you in advance for your attention to these matters, and for going above and beyond in your service to North Carolina. I am grateful to each of you. Please

additional Judicial Branch staff and local stakeholders.

ORDER OF THE CHIEF JUSTICE OF THE SUPREME COURT OF NORTH CAROLINA

On 10 March 2020, Governor Roy Cooper declared a state of emergency in North Carolina in response to the emerging public health threat posed by COVID-19. Since that time, the World Health Organization has designated the COVID-19 outbreak as a global pandemic, and the North Carolina Department of Health and Human Services has urged all North Carolinians to take steps to reduce the spread of infection.

Accordingly, I hereby determine and declare under N.C.G.S. § 7A-39(b)(2) that catastrophic conditions resulting from the public health threat posed by COVID-19 exist in all counties of this state.

Although the superior courts and district courts remain open, two emergency directives are necessary to reduce the spread of infection.

Emergency Directive 1

I order that all superior court and district court proceedings be scheduled or rescheduled for a date no sooner than 30 days from the issuance of this order, unless:

1. the proceeding will be conducted remotely;
2. the proceeding is necessary to preserve the right to due process of law (e.g., a first appearance or bond hearing, the appointment of counsel for an indigent defendant, a probation hearing, a probable cause hearing, etc.);
3. the proceeding is for the purpose of obtaining emergency relief (e.g., a domestic violence protection order, temporary restraining order, juvenile custody order, judicial consent to juvenile medical treatment order, civil commitment order, etc.); or
4. the senior resident superior court judge, chief business court judge, or chief district court judge determines that the proceeding can be conducted under conditions that protect the health and safety of all participants.

This emergency directive does not apply to any proceeding in which a jury has already been empaneled.

This emergency directive does not apply to grand juries which have already been empaneled.

This emergency directive does not prohibit a judge or other judicial officer from exercising any in chambers or ex parte jurisdiction conferred by law upon that judge

or judicial officer, as provided by law.

2

Additionally, I encourage the superior courts and district courts to liberally grant additional accommodations to parties, witnesses, attorneys, and others with business before the courts who are at a high risk of severe illness from COVID-19.

Emergency Directive 2

I further order that the clerks of superior court shall post a notice at the entrance to every court facility in their county directing that any person who has likely been exposed to COVID-19 should not enter the courthouse. A person who has likely been exposed to COVID-19 who has business before the courts shall contact the clerk of superior court’s office by telephone or other remote means, inform court personnel of the nature of his or her business before the court, and receive further instruction. For purposes of this order, a person who has likely been exposed to COVID-19 is defined as any person who:

1. has traveled to China, South Korea, Japan, Italy, or Iran within the previous 14 days;
2. has been directed to quarantine, isolate, or self-monitor;
3. has been diagnosed with COVID-19; or
4. resides with or has been in close contact with any person in the abovementioned categories.

*          *          *

The directives contained in this order will take effect Monday, 16 March 2020.

This order may be extended in whole or in part for additional 30-day periods if necessary.

Issued this the 13th day of March, 2020.

ORDER OF THE CHIEF JUSTICE OF THE SUPREME COURT OF NORTH CAROLINA

On 10 March 2020, Governor Roy Cooper declared a state of emergency in North Carolina in response to the emerging public health threat posed by COVID-19. Since that time, the World Health Organization has designated the COVID-19 outbreak as a global pandemic, and the North Carolina Department of Health and Human Services has urged all North Carolinians to take steps to reduce the spread of infection.

Accordingly, I hereby determine and declare under N.C.G.S. § 7A-39(b)(2) that catastrophic conditions resulting from the public health threat posed by COVID-19 exist in all counties of this state.

Although the superior courts and district courts remain open, two emergency directives are necessary to reduce the spread of infection.

Emergency Directive 1

I order that all superior court and district court proceedings be scheduled or rescheduled for a date no sooner than 30 days from the issuance of this order, unless:

1. the proceeding will be conducted remotely;
2. the proceeding is necessary to preserve the right to due process of law (e.g., a first appearance or bond hearing, the appointment of counsel for an indigent defendant, a probation hearing, a probable cause hearing, etc.);
3. the proceeding is for the purpose of obtaining emergency relief (e.g., a domestic violence protection order, temporary restraining order, juvenile custody order, judicial consent to juvenile medical treatment order, civil commitment order, etc.); or
4. the senior resident superior court judge, chief business court judge, or chief district court judge determines that the proceeding can be conducted under conditions that protect the health and safety of all participants.

This emergency directive does not apply to any proceeding in which a jury has already been empaneled.

This emergency directive does not apply to grand juries which have already been empaneled.

This emergency directive does not prohibit a judge or other judicial officer from exercising any in chambers or ex parte jurisdiction conferred by law upon that judge

or judicial officer, as provided by law.

2

Additionally, I encourage the superior courts and district courts to liberally grant additional accommodations to parties, witnesses, attorneys, and others with business before the courts who are at a high risk of severe illness from COVID-19.

Emergency Directive 2

I further order that the clerks of superior court shall post a notice at the entrance to every court facility in their county directing that any person who has likely been exposed to COVID-19 should not enter the courthouse. A person who has likely been exposed to COVID-19 who has business before the courts shall contact the clerk of superior court’s office by telephone or other remote means, inform court personnel of the nature of his or her business before the court, and receive further instruction. For purposes of this order, a person who has likely been exposed to COVID-19 is defined as any person who:

1. has traveled to China, South Korea, Japan, Italy, or Iran within the previous 14 days;
2. has been directed to quarantine, isolate, or self-monitor;
3. has been diagnosed with COVID-19; or
4. resides with or has been in close contact with any person in the abovementioned categories.

*          *          *

The directives contained in this order will take effect Monday, 16 March 2020.

This order may be extended in whole or in part for additional 30-day periods if necessary.

Issued this the 13th day of March, 2020.

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN  DISTRICT OF NORTH CAROLINA 20-SO-4

RESTRICTIONS ON VISITORS TO COURTHOUSES

)

)

)

STANDING ORDER

FILED

MAR 12 2020

The United States District Court for the Eastern District of North Carolina is closely monitoring the outbreak of the novel coronavirus known as COVID-19 as well as the guidance issued by the Centers for Disease Control and Prevention (“CDC”) . The CDC having advised people to take precautions, and having noted that the best way to prevent illness is to avoid being exposed to the virus, it is hereby

ORDERED by the United States District Court for the Eastern District of North Carolina that the following persons shall not enter any U.S. Courthouse or U.S. Probation Office in the Eastern District of North Carolina without prior permission from the Chief Judge:

• Persons who have been in any of the following countries or regions within the last 14 days:

STATE OF WASHINGTON NEW ROCHELLE , NEW YORK CHINA

SOUTH KOREA JAPAN

ITALY IRAN EGYPT

And any other country or region that is the subject of a Level 3 Travel Health Notice issued by the CDC.

• Persons who reside or have had close contact with someone who has been in one of the countries or regions listed above within the last 14 days;
• Persons who have been asked to self-quarantine by any doctor, hospital, or health agency;

• Persons who have been diagnosed with, or have had contact with, anyone who has been diagnosed with COVID-19; and
• Persons with fever, cough, or shortness of breath.

It is further ORDERED that the United States Marshal, his Deputies, and the Court Security Officers shall deny entry to anyone attempting to enter in violation of this Order.

It is further ORDERED that if you are scheduled or required to appear at a U.S. Courthouse or

U.S. Probation Office in the Eastern District of North Carolina and you are unable to appear because of the restrictions in this Order, you are directed to proceed as follows:

1. • If you are represented by an attorney, please contact your attorney;

1. • If you are an attorney and you are scheduled to appear in court before a judge, please contact the judge’s case manager;
   • If you are scheduled to meet with a U.S. Probation officer, please contact that officer directly;
   • If you are a juror, call Jury Services at (800) 342-2539 and leave a detailed message;

• For Bankruptcy Court matters, please contact the Clerk’s Office at (919) 856-4752;

• For Section 341 Meetings of Creditors, please contact the Bankruptcy Administrator’s Office at (919) 334-3885; and
• For District Court matters, please contact the Clerk’s Office at (919) 645-1700.

2

It is further ORDERED that these restrictions will remain in place temporarily until it is determined to be safe to remove them. This Order shall be updated as further guidance is received.

SO ORDERED. This the a day of March, 2020.

INFORMATION REGARDING COVID-19 AND COURT OPERATIONS

The United States Bankruptcy Court for the Middle District of North Carolina is following the recommended guidelines provided by the AO and the CDC to help ensure the safety and health of our customers and staff.  Please note the following:

Do not come to the courthouses if you meet any of the travel or health criteria enumerated in Standing Order 12 of the United States District Court for the Middle District of North Carolina. Members of the public without an attorney who do not meet the criteria should only hand deliver emergency filings. All other filings by a member of the public not represented by an attorney should be mailed to either office.  Installment payments may be made by mail or by an attorney through CM/ECF. Copies of bankruptcy papers may be requested via the court’s help desk: cmecfhelp@ncmb.uscourts.gov  

To reduce the chances of coronavirus exposure, the court will be holding all hearings telephonically through the end of March. If an evidentiary hearing requires additional access to the court, appropriate arrangements will be made during the telephonic hearing. Information about participating in court hearings via telephone is available here on the court’s web site.

Attorneys with matters on the hearing calendar, including the dismissal calendar, should contact their clients about this telephonic hearing policy. 

PLEASE REFER TO OUR WEB SITE (www.ncmb.uscourts.gov) FREQUENTLY FOR UPDATED GUIDANCE.

If you have questions about a meeting of creditors, please contact the trustee or the Bankruptcy Administrator.

Please see the following resources for additional information on COVID 19:

• UNC School of Government’s Resources for Reliable Information on Coronavirus in North Carolina
• State Coronavirus Hotline (1-866-462-3821)
• U.S. State Department Travel Advisory
• Centers for Disease Control (CDC)
• North Carolina Department of Health and Human Services
• Occupational Safety and Health Administration (OSHA)
• World Health Organization

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CARO….. =–

INRE:

RESTRICTIONS ON VISITORS TO COURTHOUSES

)

) STANDING ORDER 12

)

ATTENTION  ALL ENTRANTS

The United States District Court for the Middle District of North Carolina is closely monitoring the outbreak of the novel coronavirus known as COVID-19 as well as the guidance issued by the Centers for Disease Control and Prevention. The CDC having advised people to take precautions, and having noted that the best way to prevent illness is to avoid being exposed to the virus, and the Governor having declared a State of Emergency in the State of North Carolina:

IT IS HEREBY ORDERED by the United States District Court for the Middle District of North Carolina that only those with official business are permitted to enter.

IT IS FURTHER ORDERED that the following persons shall not enter any U.S. Courthouse, combined Courthouse/Federal Facility or U.S. Probation Office in the Middle District of North Carolina without prior permission from the Chief Judge or designee:

• Persons who have traveled outside of the United States within the last 14 days, in the state of WASHINGTON, NEW ROCHELLE, NEW YORK, or any locale that has been declared in quarantine.
• Persons who reside or have had close contact with someone who has been in one of the countries or states listed above within the last 14 days;
• Persons displaying symptoms of COVID-19, including fever, cough, or shortness of breath;
• Persons who have been diagnosed with, or have had contact with, anyone who has been diagnosed with COVID-19; and
• Persons who have been asked to self-quarantine by any doctor, hospital, or health agency.

IT IS FURTHER ORDERED that the United States Marshal, his Deputies, and the Court Security Officers shall deny entry t0 anyone attempting to enter in violation of this Order;

The following is a message from NCAOC Director McKinley Wooten, Jr. 

Dear Court Officials, Judicial Branch Employees, and Members of the State Bar:

I am writing to inform you that, at 11:00 this morning, Chief Justice Cheri Beasley held a press conference at the Supreme Court to announce new Judicial Branch measures to minimize the spread of COVID-19 among members of the public who have business before our state courts. You can watch the press conference by video on the Judicial Branch’s Facebook page.

Effective Monday, Chief Justice Beasley has entered an order pursuant to G.S. 7A-39(b)(2) declaring that catastrophic conditions exist in all North Carolina counties. Although our superior and district courts will remain open for business, the Chief Justice’s order contains two emergency directives to reduce the spread of infection, which are described below.

Emergency Directive #1
The Chief Justice’s order directs local court officials to schedule or reschedule all superior and district court proceedings for a date no sooner than 30 days after March 16th (April 16, 2020), unless the proceeding:

1. Will be conducted remotely through WebEx or other means;
2. Is necessary to preserve the right to due process of law (e.g., a first appearance or other bond hearing, appointment of counsel for an indigent defendant, probation hearing, or probable cause hearing);
3. Is for the purpose of obtaining emergency relief (e.g., a domestic violence protection order, temporary restraining order, juvenile custody order, judicial consent to juvenile medical treatment order, or civil commitment order); or
4. The senior resident superior court judge, chief business court judge, or chief district court judge determines that the proceeding can be conducted under conditions that protect the health and safety of all participants.

This emergency directive does not apply to any proceeding in which a jury or grand jury has already been empaneled, and it does not prohibit judicial officials from exercising in-chambers or ex parte jurisdiction. We encourage the use of remote technology (such as WebEx) for ongoing hearings whenever possible. (See NCAOC’s Temporary Audio Video policy, which will be released separately later today.)

Emergency Directive #2
The Chief Justice’s order directs the clerks of superior court in all counties to instruct any person who has likely been exposed to COVID-19 not to enter the courthouse. A person who has likely been exposed to COVID-19 who has business before the courts shall contact the clerk of superior court’s office by telephone or other remote means, inform court personnel of the nature of his or her business before the court, and receive further instruction. The order contains a specific definition of a person who “has likely been exposed to COVID-19.”

NCAOC’s Position on Judicial Branch Employees Working Remotely
At this time, NCAOC encourages all Judicial Branch hiring authorities in the state to consider allowing appropriate employees to work remotely, if possible. The decision by hiring authorities to allow an employee to work remotely will depend on several factors, including the employee’s job responsibilities and whether tasks can be completed temporarily from a remote location. We are aware that not every job can be done remotely, but we encourage flexibility where possible to prioritize the health and safety of our employees, their families, and the community. If alternative work arrangements are not possible, employees should continue to come to work as usual, unless they are showing signs of illness, know they have been exposed, or the situation changes. Employees who are allowed to work remotely may be expected to return to regular, in-office work at any time.

Both of the Chief Justice’s emergency directives and NCAOC’s approach to remote work are intended to implement social distancing practices, which health officials have advised will help curb the spread of COVID-19, and to be consistent with the Governor’s directive to limit large gatherings of more than 100 people. They are designed to protect the public and the Judicial Branch’s most valuable assets — our employees — while also ensuring that the courts continue to uphold the constitutional and statutory rights of criminal defendants and civil litigants with matters before the court.

The Chief Justice and I understand that this order may cause some confusion among the public, and we encourage our state courts to liberally grant accommodations to parties, witnesses, attorneys, and others with business before the courts, particularly if they are at high risk of severe illness from COVID-19.

While NCAOC has limited staff and resources, we will make every effort to assist court officials who have questions and specific local needs. We encourage all court officials to remain in close contact with your local government officials and local health departments throughout this pandemic. We also encourage counties to assign adequate custodial staff to keep court facilities sanitized.
NCAOC is working to establish a hotline with a recorded message for the public and will provide more details later.

We will continue to share information as we address the public health issue at hand. Thank you for your patience and cooperation as we all work through these challenging times together.

MORE INFORMATION

• Read the Supreme Court Order
• Watch the announcement on the Judicial Branch Facebook page